Critiques of the Judiciary
Tulane receives many millions of dollars from the federal government in the form of grants and contracts that are primarily used for operating expenses and the salaries of Tulane employees. This subjects Tulane to federal regulations under which those public monies are utilized, and those regulations include anti-discrimination provisions that are incorporated into federal law.
The Supremacy Clause of the U.S. Constitution establishes the Constitution as the supreme law of the land:2
It was never the intention of Congress to allow any law that would permit the states to violate federal law with impunity, and Congress has expressly forbidden states to pass laws that violate this principle. This is articulated in the Privileges and Immunities Clause of the Fourteenth Amendment, which states:3
Courts have historically upheld the Privileges and Immunities Clause of the Fourteenth Amendment, and in Strauder v. West Virginia, the U.S. Supreme Court acknowledged the authority of Congress to enforce the provisions of the Fourteenth Amendment when it stated:4
These principles were reinforced by the U.S. Supreme Court in 1908 when it ruled in
Moreover, the Equal Protection Clause of the Fourteenth Amendment also states:6
Thus, the Fourteenth Amendment prohibits states from depriving any person of "property without due process," or denying any person "the equal protection of the laws."
Suing a Corporate "Person"
The Louisiana State Constitution provides, in pertinent part, "
On January 21, 2010, a U.S. Supreme Court decision established that corporations enjoyed the same First Amendment rights as individuals. As Justice John Paul Stevens explained in his written opinion in Citizens United v. Federal Election Commission:7
Speaking for the majority in his written opinion, Justice Anthony Scalia discussed the freedom of the press that individual editors and printers have as individuals, even though they acted through newspapers that behaved much like corporations and did not have their activities "stripped of First Amendment protection simply because they were carried out under the banner of an artificial legal entity." Moreover, Scalia continued, "The authorized spokesman of a corporation is a human being, who speaks on behalf of the human beings who have formed that association
Thus, corporations, including
November 10, 2010
On December 8, 2011, Senator Bernie Sanders (I-Vt) introduced a Constitutional Amendment that would repeal the Citizens United decision.8
1. Scott S. Cowen, "Tulane Will Miss Loyal Support of Sen. Hainkel" [Letter], The Times-Picayune, New Orleans, April 19, 2005,
2. U.S. Constitution, Article VI, Clause 2.
3. Cornell Legal Information Institute, http://topics.law.cornell.edu/constitution/amendmentxiv, accessed 11/02/09.
4. Strauder v. West Virginia, 100 U.S. 303 (1879).
5. Ex parte Young, 209 U.S. 123, 160 (1908).
6. Cornell Legal Information Institute, http://topics.law.cornell.edu/constitution/amendmentxiv, accessed 11/02/09.
7. Justice Scalia's remarks in Citizens United v. Federal Election Commission,
8. "The Saving American Democracy Amendment," S. J. Res. 33, 112th Congress, 1st Session, December 8, 2001.
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